Enforcing Arbitration Awards Under the International Convention for the Settlement of Investment Disputes (ICSID Convention)

This article addresses the broad question of enforcement of ICSID arbitral awards under the Convention, with the goal of analyzing the attendant issues. The article is divided into four parts. Part Two deals with background issues such as the purpose of ICSID as envisaged by the ICSID Convention and the composition of the ICSID. Part Three analyzes the ICSID arbitral process and discusses the ICSID\u27s jurisdiction and the constitution of its arbitral panel. Part Four, the main section, discusses the recognition and enforcement of awards. This section will analyze the various steps of enforcement: recognition, enforcement itself, and execution of awards that have been adjudged enforceable. The article will examine the jurisprudence that has been developed in some ICSID cases before domestic courts of member states to the ICSID Convention. Part Four also discusses the practical effects of these cases and analyzes the impact of the annulment provision and process under the Convention on the ICSID mechanism

Towards an African Court of Human Rights: Structuring and the Court

The purpose of this paper is to argue the need for an African Court of Human Rights if African states truly wish to maintain an African human rights mechanism. In other words, for an effective African regional human rights protection and enforcement mechanism to exist, the African system must be made more effective and supplemented with a court of human rights. The proposal for an African Court of Human Rights will require an amendment of the Charter by a treaty or convention. Recent human rights violations include those that took place in Nigeria, in former Zaire under Mobutu Seseko, and the carnage and genocide in Rwanda. This paper is divided into four sections. Section one offers a brief evaluation of the current system, with the aim of pointing out its inherent weaknesses and possible means to strengthen it. This necessarily involves an evaluation of the Commission and the effectiveness of its mandate as a remedy for human rights violations. Section two builds on the previous section to present arguments in favor of a court. Section three suggests a structure for the court in terms of composition, basic foundation, and its relationship with the Commission. Finally, section four focuses on how to empower the court in terms of jurisdiction, independence, enforcement of its decisions, and funding. The author will draw inspiration from existing international and regional mechanisms/ as well as current initiatives in the African region. The author will comment on and make use of the Draft Protocol to the African Charter on Human and Peoples\u27 Rights already in place, considering it as a possible treaty or convention-based amendment to the African Charter

Enforcing Arbitration Awards Under the International Convention for the Settlement of Investment Disputes (ICSID Convention)

This article addresses the broad question of enforcement of ICSID arbitral awards under the Convention, with the goal of analyzing the attendant issues. The article is divided into four parts. Part Two deals with background issues such as the purpose of ICSID as envisaged by the ICSID Convention and the composition of the ICSID. Part Three analyzes the ICSID arbitral process and discusses the ICSID\u27s jurisdiction and the constitution of its arbitral panel. Part Four, the main section, discusses the recognition and enforcement of awards. This section will analyze the various steps of enforcement: recognition, enforcement itself, and execution of awards that have been adjudged enforceable. The article will examine the jurisprudence that has been developed in some ICSID cases before domestic courts of member states to the ICSID Convention. Part Four also discusses the practical effects of these cases and analyzes the impact of the annulment provision and process under the Convention on the ICSID mechanism

Towards an African Court of Human Rights: Structuring and the Court

The purpose of this paper is to argue the need for an African Court of Human Rights if African states truly wish to maintain an African human rights mechanism. In other words, for an effective African regional human rights protection and enforcement mechanism to exist, the African system must be made more effective and supplemented with a court of human rights. The proposal for an African Court of Human Rights will require an amendment of the Charter by a treaty or convention. Recent human rights violations include those that took place in Nigeria, in former Zaire under Mobutu Seseko, and the carnage and genocide in Rwanda. This paper is divided into four sections. Section one offers a brief evaluation of the current system, with the aim of pointing out its inherent weaknesses and possible means to strengthen it. This necessarily involves an evaluation of the Commission and the effectiveness of its mandate as a remedy for human rights violations. Section two builds on the previous section to present arguments in favor of a court. Section three suggests a structure for the court in terms of composition, basic foundation, and its relationship with the Commission. Finally, section four focuses on how to empower the court in terms of jurisdiction, independence, enforcement of its decisions, and funding. The author will draw inspiration from existing international and regional mechanisms/ as well as current initiatives in the African region. The author will comment on and make use of the Draft Protocol to the African Charter on Human and Peoples\u27 Rights already in place, considering it as a possible treaty or convention-based amendment to the African Charter

Introduction: Origins and Issues of the African Court of Justice and Human and Peoples\u27 Rights

In June 2014, at its summit in Malabo, Equatorial Guinea, the Assembly of Heads of State and Government (\u27Assembly\u27) of the African Union adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the \u27Malabo Protocol\u27). The so-called Malabo Protocol was one of eight legal instruments adopted by African Union (AU) leaders, but undoubtedly one of its most significant. The significance stems, partly, from the consideration and addition of a third section to the proposed African Court of Justice and Human Rights (ACJHR) which had already formally anticipated the possibility of a regional tribunal with jurisdiction over human rights issues as well as general disputes arising between African States. The new Court will, once its statute enters into force upon achievement of the 15 required ratifications additionally possess the competence to investigate and try 14 international, transnational and other crimes in a highly ambitious tribunal with three separate chambers and jurisdictions:\u27 (1) the General Affairs Section, (2) the Human and Peoples\u27 Rights Section and (3) the International Criminal Law Section. The merger of these three chambers addressing inter-state disputes, human rights and penal aspects into a single court with a common set of judges represents a significant development in Africa and in wider regional institution building and law making.https://ecollections.law.fiu.edu/faculty_books/1265/thumbnail.jp